Henry D. Klopfer, Appellant, v. Carl Peterson, Appel-lee. Henry D. Klopfer, Appellant.

Gen. No. 40,859.

Heard in third division, first district, at October term, 1939;

opinion filed February 14, 1940;

rehearing denied March 12, 1940.

Charles Liebman and Emerson C. Whitney, for appellant; Michael M. Phillips and Raymond I. Suekoff, for appellee.

Opinion by

Presiding Justice Denis E. Sullivan.

“Hot to be published in full.’’